On February 26, 2024, the Lehigh County Public Information Office published a press release announcing recently signed legislation that establishes a county-wide non-discrimination ordinance.
Approved by the Lehigh County Board of Commissioners, this new legislation is intended to protect Lehigh County residents and employees from discrimination in employment, housing, education, healthcare, and public accommodations.
KingSpry’s Employment Law Chair, Avery E. Smith, Esq., details what this new ordinance means for businesses in Lehigh County.
Non-Discrimination Ordinance
The Ordinance was proposed as Bill 2024-03, sponsored by Commissioner Cole-Borghi to establish county-wide non-discrimination requirements for employment, housing, education, health care and public accommodations. The Ordinance further creates a Human Relations Commission that will investigate and enforce claims of discrimination within Lehigh County.
Lehigh County Executive, Phil Armstrong, signed the Ordinance, stating that its passage signifies a “positive step forward” for Lehigh County.
Lehigh County employers must be aware of the Ordinance’s requirements and prohibitions, as it establishes a greater number of protected employee classifications and forms upon which discrimination may be claimed.
What Does the Ordinance Prohibit?
The Ordinance prohibits almost all forms of discrimination, including discrimination based on “actual or perceived” race, ethnicity, color, religion, creed, national origin or citizenship status, ancestry, sex (including pregnancy, childbirth, and related medical conditions), gender identity, gender expression, sexual orientation, genetic information, marital status, familial status, GED rather than a high school diploma, physical or mental disability, relationship, or association with a disabled person, source of income, age (35 years of age and older), height, weight, veteran status, use of guide or support animals and/or mechanical aids, or domestic or sexual violence victim status.
Effective Date
The ordinance will take effect on June 1, 2024.
Human Relations Commission
Upon June 1, 2024, a Human Relations Commission will be appointed by the Lehigh County Executive and approved by the Lehigh County Board of Commissioners. The Human Relations Commission will be comprised of volunteers from the community and work in coordination with various county entities to handle complaints and investigations.
Any employer that interferes with the Human Relations Commission as it pertains to its performance of duties, or willfully violates an order of the Commission will be found guilty of a summary offense, and upon conviction, sentenced to pay a fine ranging from $100 to $500.
What Employers Need to Know
Pursuant to the Ordinance, an employer is “any person or organization who employs one or more employees, exclusive of parents, spouse, or children.” This broad definition allows the Ordinance to apply to nearly all Lehigh County businesses.
Should the Human Relations Commission find that discrimination has occurred, they have the authority to order any remedies available under the Pennsylvania Human Relations Act. Additionally, the Commission may act directly by ordering an employer to change practices, make restitution, and/or pay a fine of no more than $500.
Moving Forward
Lehigh County employers must review the Ordinance and ensure that their employment practices comply with its provisions. With less than three (3) months until its effective date, it is imperative that employers correct any policies or procedures that may violate the Ordinance.
It is recommended that employers meet with their legal counsel or solicitors to review how the Ordinance may affect their business to ensure compliance and avoid discriminatory practices come June 1, 2024.
